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Clinical Negligence Claims Against Vascular Surgery in the United Kingdom: An Observational Study
Vivak Hansrani1, Tamer Ghatwary Tantawy2, Haytham Al-Khaffaf1
1Department of Vascular Surgery, Royal Blackburn Hospital, East Lancashire Hospitals NHS Trust, Blackburn, UK.
Insights
Clinical negligence claims in UK vascular surgery are rising, with delayed treatment causing the most litigation. Lower limb amputations are the most frequent injury leading to claims.
Area of Science:
- Medical Law and Ethics
- Surgical Outcomes
- Patient Safety
Background:
- Clinical negligence claims are increasing in the UK, costing billions annually.
- Vascular surgery has a disproportionately high rate of clinical negligence claims.
- The NHS resolution service reported a record number of claims mediated in 2017.
Purpose of the Study:
- To review trends in clinical negligence claims within UK vascular surgery.
- To evaluate the primary causes and financial costs associated with these claims.
Main Methods:
- A retrospective observational study analyzed claims from April 2005 to April 2019.
- Data were obtained from NHS resolution via the Freedom of Information Act.
- Claims data were anonymized, with categories under five claims removed.
Main Results:
- 1,189 vascular surgery claims were identified over 13 years, averaging 91 claims annually.
- 74% of claims resulted in payments, with a mean annual total payment of over £10 million.
- Delayed treatment was the most common cause for claims (£33M), while lower limb amputation was the most frequent injury (£64M).
Conclusions:
- Vascular surgery clinical negligence claims show a steady increase in the UK.
- Delayed treatment and lower limb amputation are key drivers of claims and costs.
- Improved patient consent, communication, and surgical skill may reduce future claims.
Background:
Claims for clinical negligence awarded to patients and their families are on the increase. The annual "cost of harm" is approximately £7-9 billion in the United Kingdom. In 2017, the National Health Service (NHS) resolution service reported that they mediated more claims than in their entire history. Vascular surgery is a specialty with a disproportionately higher number of claims for clinical negligence. The aim of this observational study was to review the trends of clinical negligence claims in vascular surgery within the United Kingdom. The costs and the primary cause for the complaint were evaluated.
Methods:
A retrospective observational study was performed. Clinical negligence claims in vascular surgery between the financial years of April 2005/2006 to April 2018/2019 were requested from NHS resolution under the Freedom of Information Act. Data were provided on November 8, 2019. All data were anonymized, and any categories containing fewer than five claims were removed to protect the identity of claimants.
Results:
Over the 13-year period, 1,189 claims in vascular surgery were identified, with the annual mean (range) being 91 (20-134) claims per year. Of 1,189 claims, 875 (74%) are closed with payments made to the claimants. The mean annual total payment was £10,015,373. Delay in treatment was the most common cause for litigation claims in vascular surgery with 157 closed claims costing £33,255,248 over the 13-year period. Lower limb amputation was the most common primary injury claim with 140 closed cases but had a larger financial cost at £64,155,969.
Conclusions:
Clinical negligence claims in vascular surgery within the United Kingdom have been increasing steadily over the last 13 years and with a changing claims culture is expected to continue. The most common cause for claims with damages paid was delay in treatment, and lower limb amputation was the most common injury suffered. Improved consent, better communication with patients, and a higher surgical skill level could significantly reduce the number of future claims.
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